beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant, while driving a vehicle under the influence of alcohol, caused a traffic accident that intrudes the center line, resulting in the death of the victim E., and the victim G, H, and I, who is his three-child, suffered a bad injury, and the crime is very poor, and the result is serious, the victims want to strong punishment against the Defendant, and the Defendant had the same criminal record as the Defendant caused a traffic accident while driving a vehicle while under the influence of alcohol.
However, on the other hand, considering the fact that the defendant recognized his mistake and speaks against the defendant, that the defendant is a disabled person under the Act on Welfare of Persons with Disabilities, that the vehicle of this case is subscribed to an automobile comprehensive insurance, that the defendant deposited KRW 10 million for the victims when the defendant was in the trial, and other various sentencing conditions in the records, such as the motive and background leading to the crime of this case, the situation leading to the crime of this case, the age, character and conduct after the crime, and the environment of the defendant, the sentence of the court below is judged to be too unreasonable. Thus, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The latter part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the occupation of the death or injury caused by dangerous driving) as to the crime under the relevant Act, and Article 5-11 of the Act on the Aggravated Punishment,